The Bombay High Court has granted bail to Farooq Bagwan, an accused in the 2012 Pune blasts case, noting his long incarceration of over 12 years and the slow pace of the trial.
A bench of Justices A.S. Gadkari and Rajesh Patil, in an order passed on Tuesday, said the right to a speedy trial is a fundamental right under Article 21 of the Constitution, and keeping the accused behind bars indefinitely without progress in the case would amount to a violation of that right.
The court highlighted that of the 170 witnesses listed by the prosecution, only 27 have been examined by the trial court so far. At this pace, the bench observed, the possibility of concluding the trial in the near future appears to be remote.
The judges also noted that apart from the present case, Bagwan does not have any other criminal antecedents. Taking these factors into consideration, the court held that he was entitled to bail.
Conditions Of Bail
Bagwan was granted bail on furnishing a personal bond of ₹1 lakh. The order further directed compliance with the necessary conditions to ensure he remains available for trial proceedings.
On August 1, 2012, five low-intensity explosions took place on the bustling Junglee Maharaj Road in Pune, injuring one person. The incident created panic in the city but did not cause major casualties.
Investigators alleged that the blasts were part of a conspiracy to avenge the death of Qateel Siddique, a suspected Indian Mujahideen operative who was killed inside Yerawada Jail, Pune, in June 2012.
Prosecution’s Case Against Bagwan
Bagwan was arrested in December 2012 by the Maharashtra Anti-Terrorism Squad (ATS) for his alleged role in facilitating the conspiracy.
According to the prosecution, Bagwan had prepared forged documents on his computer, which were then used to procure SIM cards for mobile phones allegedly used by other co-accused in the blasts. The ATS also claimed that the conspiracy meetings were held at Bagwan’s shop premises.
In all, the ATS arrested nine persons in connection with the case.
Court’s Reasoning
While granting bail, the High Court reiterated the principle that the right to a speedy trial cannot be compromised. The bench said, “It is clear that the possibility of trial concluding in the near future appears to be remote. It is by now well settled principle of law that the right to speedy trial of an accused is a fundamental right under Article 21 of the Constitution of India.”
Read More: Supreme Court, Delhi High Court, States High Court, International
